When renting, does the tenant have a legal right to expect privacy and security?

Get Legal Help Today

 Secured with SHA-256 Encryption

When renting, does the tenant have a legal right to expect privacy and security?

We rented a house for a week. through a realtor. On our last night a drunk girl entered through the front door with a key at 2:30 AM. She stated the owner’s daughter gave it to her saying there was no on there. As a result my husband suffered a panic attack and I did not sleep the rest of the night. Do we have a legal right to any refund or compensation for this incident?

Asked on August 2, 2010 under Real Estate Law, New Jersey

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I'd say you were entitled to a refund of one-seventh of you week's rental payment, at the very least.  In any real estate rental situation, the tenant is entitled to the "quiet use and enjoyment" of the premises during the term of the lease.  The intrusion was a complete breach of the lease, in that respect.

Your suit, here, would be against the owner; the realtor had nothing to do with this outrage.  You could bring this case in the Small Claims Division of the Superior Court's Special Civil Part;  the filing fees are low (and you can add them to the damages you seek), and the court constable will serve the papers.  If the panic attack caused any extra expenses, such as a doctor's visit, you should ask for those as well.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption